Definition of a "Serious Health Condition"

For purposes of FMLA, a serious health condition entitling an employee to FMLA leave means an illness, injury, impairment or physical or mental condition that involves either:

• any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility, and any period of incapacity or subsequent treatment in connection with such inpatient care; or
  
• continuing treatment by a health care provider which includes any period of incapacity (i.e., inability to work, attend or perform other regular daily activities) due to:
  
• A health condition (including treatment there for, or recovery there from) lasting more than three consecutive days, and any subsequent treatment or period of incapacity relating to the same condition, that also includes:
  
  • treatment two or more times by, under the orders of, or on referral by, a health care provider; or
    
  • treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the supervision of the health care provider. A regimen of continuing treatment includes, for example, a course of prescription medication or therapy requiring special equipment to alleviate a medical problem (e.g., oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing care; or
    
• Any period of incapacity due to pregnancy or for prenatal care. A visit to the health care provider is not necessary for each absence; or
  
• A chronic serious health condition which continues over an extended period of time, requires periodic visits to a health care provider, and may involve occasional episodes of incapacity (e.g., asthma, diabetes). A visit to a health care provider is not necessary for each absence; or
  
• A permanent or long-term condition for which treatment may not be effective (e.g. Alzheimer’s, a severe stroke, terminal cancer). Only supervision by a health care provider is required, rather than active treatment; or
  
• Any period of absence to receive multiple treatments for either restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive days in the absence of medical intervention, such as cancer (e.g., chemotherapy), physical therapy for arthritis, or dialysis for kidney disease. Treatment includes examination to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine examinations, such as eye exams.
  
• Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches, other than migraine, routine orthodontia problems, periodontal disease, etc. are examples of conditions that do not meet the definition of a serious health condition.
  

  Leave for substance abuse only qualifies for FMLA if the leave is taken for treatment, but not because of the employee’s use of the substance.

  Absences for incapacity due to a chronic serious health condition qualify for FMLA even though the employee or the family member does not receive treatment during the absence, and even if the absence does not last more than three days. 

  Example: An employee with asthma unable to report to work because the pollen count exceeds a certain level or a pregnant employee unable to work because of severe morning sickness.

"Health care provider" means:

• doctors of medicine or osteopathy authorized to practice medicine or surgery by the state in which the doctors practice; or

• podiatrists, dentists, clinical psychologists, optometrists and chiropractors (limited to manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice, and performing within the scope of their practice, under state law; or

• nurse practitioners, nurse-midwives and clinical social workers authorized to practice, and performing within the scope of their practice, as defined under state law; or

• Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; or

• Any health care provider recognized by the employer or the employer’s group health plan benefits manager.

Now that we have looked at serious health conditions, let us look at some special provisions for "Parental Leave."